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November 23, 1999

Mr. Tommy W. Lueders
Assistant City Attorney
City of Midland
P.O. Box 1152
Midland, Texas 79702-1152

OR99-3372

Dear Mr. Lueders:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 131228.

The City of Midland (the "city") received a request for a missing person report. You claim that portions of the missing person report are excepted from disclosure under section 552.108(a)(2) of the Government Code. We have considered the exception you claim and have reviewed the submitted information.

Section 552.108(a)(2) excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. You state that the missing person report did not result in a conviction or deferred adjudication. Therefore, we agree that section 552.108(a)(2) is applicable and the city may withhold most of the highlighted portions of the report. We note that the the city has already released some of the basic information as required by section 552.108(c). The city must also release a detailed description of the offense which is considered to be basic front page offense report information. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). Although the highlighted information can be withheld under section 552.108(a)(2), we acknowledge that the city correctly contends that the driver's license numbers must be withheld under section 552.130(a)(1) as information relating to a driver's license issued by an agency of this state.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Jennifer Bialek
Assistant Attorney General
Open Records Division

JHB/ch

Ref: ID# 131228

Encl. Submitted documents

cc: Ms. Judith Swenson
2904 North I Street
Midland, Texas 79705
(w/o enclosures)


 

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